Dissertations / Theses on the topic 'Modification de l'office du juge'
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Petit, Emmanuelle. "La mission de conciliation du juge : réflexions sur l'office du juge." Nantes, 2006. http://www.theses.fr/2006NANT4014.
Full textSection 21 of the New Code of Civil Procedure contains a theme running through the code. It states, with admirable brevity, that « it is within the fonction of the judge to conciliate the parties ». Put like this, the judge's role of conciliation is undoubtedly one of the key elements enabling the parties to come to an understanding of the role of the judge, of how this role has developed, and what its parameters are. A subject of such importance necessarily leads to a debate in which contradictory opinions are expressed. In the light of the criticisms and reserves which have been expressed about conciliation effected by judges, it is important to put it in its proper context, as part of the general role of every judge. It is also important to point out the underlying basis of this role, its raison d'être, and also to show that its use gives rise to positive reasons for hope. By going down this route, it is not sought to fully restore the image of the role of judicial conciliation in the same way a old malter, damaged by the passing of the years, would be restored. This role of judicial conciliation has not indeed been the victim of deterioration over the decades, but neither has it, is appears, been subject to proper examination. It is therefore appropriate to subject it to the spot-light of investigation that it deserves, and thus to put it in its true perspective
Tinière, Romain. "L'office du juge communautaire des droits fondamentaux /." Bruxelles : Bruylant, 2008. http://catalogue.bnf.fr/ark:/12148/cb414181748.
Full textMalpel-Bouyjou, Caroline. "L'office du juge judiciaire et la rétroactivité." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2020.
Full textThe connexion between the function of the judicial judge and retroactivity occurs by the postponement in the past of legal effects involved by the function of judging. Whether judicial or case law, retroactivity always entails a posteriori a change of the legal system. Traditionally related to legal insecurity that it can generate, nevertheless retroactivity is not always, in this regard, a bad solution. Indeed, in a certain number of cases, it is the efficiency requirement of the function of judging. Thus efficiency, set as its rational basis, justifies and determines the field of retroactivity, whether this retroactivity affects the judicial or case law effect of the judgment
Guérin-Lapôtre, Eric. "Le commandement dans l'office du juge administratif." Montpellier 1, 2002. http://www.theses.fr/2002MON10035.
Full textBen, Abdallah Mohamed Hachemi. "L'office du juge en procédure civile tunisienne." Dijon, 1992. http://www.theses.fr/1992DIJOD001.
Full textThe classical conception of the judge's office extends the disposing principle to law. The modern conception limits such a principle to facts. Besides the litigious acts must be proved if necessary. For the supporters of the classical conception, the charge of the proof weighs on the parties. The moderns establish a distinction between the charge of the proof as such and the administration of the proof which is divided between the judge, the parties and even the third parties. Moreover the moderns provide for exemptions of allegation and exemptions of proof that totally upset the technique of the charge of the allegation and the charge of the proof. If the classical conception of the judge's office is up to now present in the field of Tunisian civil procedure (I), the modern conception is nonetheless knowing emergency in this very field both in internal law a private international law (II)
Connil, Damien. "L'office du juge administratif et le temps." Pau, 2010. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D108.
Full textThe relationships between the office of the administrative judge and time differ depending whether the judge's office is considered in its juridictional or jurisprudential dimension. Time appears to be an essential element of practice or even of the definition of the judge's office, but in various forms and on various levels. And that is precisely the multiplication of meeting points between the administrative judge's office and time which enables to demonstrate the fundamental place of the time element in the heart of the judge's office. Furthermore, the time factor has become the fundamental element in recent years. Besides, research also shows the administrative judge's effort in that matter. If the question of time illustrates the modern changes of administrative justice, symmetrically, the conception the judge keeps of his office alters the way he takes the time factor into account. The administrative judge has become an efficient realistic judge, not only just the guardian of Administration's prerogatives but a judge in search of a delicate balance between satisfying the public interest and taking particular interests into account, between the principles of legality and legal security, between the demands of administrative action and the respect of citizens' rights, a judge heedful of Law as it lives and as it is lived
Tinière, Romain Jacques André. "L'office du juge communautaire des droits fondamentaux." Montpellier 1, 2006. http://www.theses.fr/2006MON10039.
Full textLellig, Wendy. "L'office du juge administratif de la légalité." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD056/document.
Full textAlthough profoundly reformed in the course of the past twenty years, the judicial recourse for abuse of power led by the administrative judge still falls short.Prevented to review, on its own initiative, the legality of the whole administrative act, the judge is sometimes bound to reject some complaints although they were admissible and well-founded. This deficiency in judicial review originated in the insufficient consideration of the unique nature of the judicial recourse for abuse of power which does not only entail settling a case but also ensuring the legality review of administrative decisions.To ensure the completion of his powers the administrative judge will need to liberate himself from the sole content of the submissions and arguments of the applicants and be allowed to expand his powers in order to accomplish his purpose.The analysis of the rationale to this prohibition of judge-initiated legal argumentsdemonstrates that there isn’t any theoretical or practical obstacle to the possibility for the administrative judge to automatically examine the legality of public policy arguments and conclusions. Only conceptual limitations, necessarily incidental, explain the inertia of the administrative judge in the determination of the matter at hand
Lapierre, Anne-Sophie. "La motivation du jugement pénal." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0097.
Full textIn the nineteenth century, the obligation to state reasons of the judge, slow and difficult conquest due to its strong link with the authority of justice, was presented as "one of the happiest conquests in the administration of justice". Introducing the revolutionary era to fight against the arbitrary, meet four words to state "it must be motivated." Understood as the simple proof of the judge’s mobile, she apréhende as a pure deductive logic. However, various upheavals in our society reveal the many facets of this principle. The influence of the European Court brings out the motivation of its procedural straitjacket where the simple justification turns into persuasive explanation, to become a strong act of speech. Parallèment, the law loses its sacredness. The increasing complexity seems to show its limits, at a time when our changing society claims a more democratic justice. Motivation becomes a condition of legitimacy of judicial decisions and judge the legitimacy of quality. Studied in criminal matters, it is particularly suitable because of its particular role within our society, inviting our contemporary Justice to consider on the contrary, the subjective nature on emotions. Simple procedural obligation attached to the defense of rights, the application for knowledge demonstrates the emergence of an autonomous obligation, editorial torn between technical and political-social tool, pushing our reflection on the role of criminal justice. Appearing in crisis, this principle far from dwindling, turns out to be not the mirror of criminal justice need to be redefined
Langelier, Élise. "L'office du juge administratif et le contrat administratif." Poitiers, 2011. http://www.theses.fr/2011POIT3004.
Full textThe field of public contracts constitutes a typical example of how judges redefine their powers and duties in order to adapt to changes in society. During the first decade of the twenty-first century, substantial modifications have affected the subdivision between the procedural means of judicial protection of the citizen in conflicts relating to public procurement. Under the influence of increasing European standards and in an attempt to preserve national traditions, France, Germany, Italy and Spain have seen a proliferation in available legal remedies. This growing procedural complexity is associated with a significant movement of subjectification in light of which the principles and foundations of that judicial protection should be studied from a new point of view taking into account the diversity of requirements imposed. It is therefore necessary to re-think the place of and developments in judicial protection regarding public procurement
Leclerc, Caroline. "Le renouvellement de l'office du juge administratif français." Thesis, Dijon, 2012. http://www.theses.fr/2012DIJOD005.
Full textThe study of the evolution of the methods used by the French administrative judge is necessarily connected to the new priorities that were chosen regarding the carrying out of his functions. « Pass judgment and resolve disputes » remains the foremost mission of the administrative judge. Some of the aspects of his powers and duties have nevertheless grown in importance as part of a policy of strengthening his legitimacy.. Indeed , administrative courts increasingly take into account the persons subject to trial and they have focused the revitalization of the jurisdiction on the protection of fundamental rights, a favoured field for the dialogue of judges. Those strong orientations led to a deep reform of their techniques and methods of judgment. The French administrative judge is now fully in accordance with the requirements of administrative actions and the issues at stake. Whether it concerns reviews of legality or their outcome, those interventions are obviously efficient. Thanks to the powers he now detains, the French administrative judge brings an adequate response to the needs of modern justice and has once again taken up the tough challenge of self-reforming his functions
Wada, Léo. "L'office du juge en droit de la responsabilité médicale." Thesis, Paris 8, 2017. http://www.theses.fr/2017PA080135/document.
Full textThe purpose of this research aims to investigate the input and role of judges in medical malpractice law.In the first part, we will demonstrate that civilian judges, later followed by administrative ones, laid down the core principals of medical liability law before lawmakers took over this matter.Once its governing foundations are laid, judges implement this regime. Although they are not medical professionals, their ability to dispense justice make it fundamental for them to have a relevant expertise in this field. Judges should also fulfil social expectations. As such, judges compensate injuries that were not reparable in the past and elaborate classifications for each personal injury category, which will motivate their decision.In the second part, we will argue that judge’s role today is yet to be clarified and solidified.A recent issue has emerged for judges since the creation of a parallel compensation proceeding for medical injuries through national solidarity. A balance is to be found between those two proceedings. Attorneys’ positions are crucial in this endeavour: they are the ones presenting judges with prejudices sustained by victims.Nowadays, judge’s role is questioned : it is sometimes considered that compensation is overly subjective and should be normalised in an effort to unify compensation practices within medical liability law. Conversations about the use of entitlement criteria and guidelines challenge their freedom. However, judges have long compensated prejudice according to the key principal of full reparation.We will defend that such dense and well-thought litigation cases entirely depend on civil jurisdiction
Wernert, Guillain. "Recherches sur l'office de juge-administrateur de l'environnement industriel." Thesis, université Paris-Saclay, 2020. http://www.theses.fr/2020UPASH009.
Full textThe particularity of litigation concerning individual policing measures in the industrial environment is that the administrative judge has an office of judge-administrator. We group together under the name of "industrial environment police" several special administrative policing, created on the model of classified installations for the protection of the environment, and operating according to the same logic. In addition to the policing of classified installations, the policing of the industrial environment brings together the policing of installations, structures, works and activities (Iota) subject to the water law, the policing of basic nuclear installations, the policing of environmental authorization and, with reservations, the policing of transport pipelines and that of infrastructure works for the transport of hazardous materials. Thanks to the office of judge-administrator, the judge can use all the jurisdictional powers, and in particular the larger ones, in litigation concerning industrial environment policing measures. Thus, where applicable, after having deemed the contested policing measure to be irregular, the judge may, when he considers it necessary to settle the dispute submitted to him, go so far as to transform himself into a judge-administrator. He then substitutes for the assessment of the administrative authority his own assessment and does the work of active administration, that is to say he takes a decision that will directly restore the legality flouted by the contested policing measure. This research intends to deepen this office of judge-administrator of the industrial environment, which the doctrine has always presented as being a particularity within administrative litigation. It will reflect on the place of this office within administrative litigation, in particular to find out whether it is still possible to consider that it is a special office of the administrative judge. It will also seek to know whether it is still justified for the judge to have such an office in this matter
Rogemont, Hélène. "L'office du juge administratif et l'éxécution de ses décisions." Paris 11, 2009. http://www.theses.fr/2009PA111015.
Full textHachem, Benjamin. "L'office du juge des référés en droit de l'urbanisme." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32011.
Full textUnder the old regime of stay of execution the urbanism crystallised the incapacity of the administrative court to prevent consequences hardly reversible of few administrative decisions. This put directly into question the credibility and legitimacy of the latest. This thesis aims to demonstrate how the legislator and jurisprudence of the Conseil d'Etat, by redefining the role of the judge of chambers, have given the juridic means to the administrative judge to answer appropriately to the legitimate expectations from litigants in terms of urbanism
Dufourcq, Bertrand. "L'office du juge dans la phase d'instruction du procès administratif." Poitiers, 2008. http://www.theses.fr/2008POIT3018.
Full textThe powers and the obligations of the judge in the investigating phase of the litigation, is usually perceived as ruled by the inquisitorial characteristic of the administrative contentious procedure [. . . ]
Piasecki, Julien. "L'office du juge administratif des référés : Entre mutations et continuité jurisprudentielle." Phd thesis, Université du Sud Toulon Var, 2008. http://tel.archives-ouvertes.fr/tel-00370824.
Full textMarcel, Aline. "L'office du juge civil quant au relevé des moyens de droit." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA012.
Full textThe function of the judge, as for raising pleas in law, is governed by civil trial’s leading principles, more specifically by article 12 of the French code of civil procedure. As a result of the 1960-1970 reform, which was intended to strengthen the role of the judge, the aim of the reformers has been difficult to achieve because of its writing ambiguities. After thirty years of a hesitant legal precedent, the Court of cassation in plenary assembly, in 2007, finally laid down the principle whereby the judge only has the ability to rule out the legal basis pleaded by the parties if it turns out to be incorrect. However, under the influence of the European Court of Justice case law, exceptions in favour of the obligation are increasing. Furthermore, the procedural context is different from the one in which the reform was passed. There have been upheavals regarding the requirements expected from the parties regarding the law (concentration of pleas’ principle) and the structure and purpose of legal remedies (appeal before the Court of appeal or the Court of cassation). The disparity between the function of the judge and the role of the parties is obvious. With this observation, by considering the censorship possibilities of the failing judge, this thesis proposes leads for a reasonable strengthening of the function of the judge to offer to the litigants a best guarantee of their rights
Bouru, Michaël. "Les préjudices environnementaux. Essai sur la dualité de l'office du juge judiciaire." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0003/document.
Full textThe judge has authority, art, science and caution. He comes back to the litigant when he thinks his interests are injured. He has to be confident and be the guarantor of rights and duties of anyone. The judge deserves this confidence. Front to environmental prejudices, the judge has to improve a fair justice. As a matter of fact, he tries to make everyone’s rights as the ones who belong to environment per se. He is the one who contributes to the uprising of a true ecological public order. He demonstrates his ability to stop, fix or compensate damages relating to environmental harm. Despite the birth of this social and evolving environmental paradigm, the judge is part of a leverage effect in order to expand cival liability. Nevertheless, he is facing legal obstacles to fulfil his tasks. On the one hand, these obstacles are inherent to law which anihilate legal proceeding. However, the judge is not necessarily having the intellectual ressources to realise his role as a jurisdictio. On the other hand, operating procedures act as a serious break for the judge. Especially in legal proceedings where environmental issues are conducive to the common heritage of humankind and future generations. The judge has to build and maintain a true environmental action
Léveillée, Mario. "L'évolution de la justice pénale militaire et de l'office du juge-avocat général." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0001/MQ36714.pdf.
Full textAkpo, Ghislain. "Le juge de l'élection présidentielle et crises électorales en Afrique noire francophone : étude sur les mutations de l'office du juge électoral." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0391.
Full textIn the francophone African area as elsewhere, the presidential elections, potential sources of crisis, are controlled by the constitutional jurisdictions. By using the electoral crises as an Ariadne’s thread, we are forced to admit that there are links joining those crises to the constitutional jurisdictions. Thus, constitutional courts can sometimes be the starting point of electoral crises, especially when they make biased decisions serving the political authorities who have appointed their members. Nevertheless, they can be effective when their decisions are able to prevent future electoral crisis in preparation. However, this efficiency at times happens to be thwarted. In any event, when the electoral crises are evident, the constitutional judge finds himself, without any doubt, involved in a crisis exit process where his presence proves to be useful
Khalil, Ahmed. "La Rectification des jugements civils contribution à l'étude de l'office du juge dans la décision juridictionnelle." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb375986897.
Full textKhalil, Ahmed. "La rectification des jugements civils. Contribution a l'etude de l'office du juge dans la decision juridictionnelle." Grenoble 2, 1987. http://www.theses.fr/1987GRE21035.
Full textPomart, Cathy. "La magistrature familiale : vers une consécration légale du nouveau visage de l'office du juge de la famille /." Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb391180091.
Full textPomart-Nomdedeo, Cathy. "La magistrature familiale : vers une consécration légale du niveau visage de l'office du juge de la famille." Lille 2, 2002. http://www.theses.fr/2002LIL20006.
Full textThe Family Justice's story shows us an important transformation of the judge family's charge. More than his classical mission - an application of the rule of right in accordance with the judicial syllogism - he must make a ruling with the conflicts in the familial affairs according to extra-juridical considerations via an assessment of opportunity. The legislator, aware of the difficulties of an intervention by means of stricts rules in family law, uses variable content notions. He offers to the judge a delegation of powers. This is that new face of the judge's charge, who is now given a discretionnary ability, that we named the "magistrature familiale". After having wondered about the eventuality of a legal consecration of this evolution, we established the necessity of this consecration and the absence of obstacles to conduct to it. We just had then to determinate its details and precise the adjustments that our proposition made necessary
Humbert, Aline. "La mutation de l'office du juge français : réflexions sur l'influence du droit d'origine externe sur la fonction juridictionnelle." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30019.
Full textEvolution of the French internal judicial function has been particularly influenced by the increasing opening up of the internal legal order to international, European community and European human rights laws. Such evolution is mainly analysed through the administrative jurisdiction but doesn't exclude private law or constitutional law judges. The present dissertation focuses on how the legal function is adjusting to its new role of harmonization between internal and external legal systems. As such the first step is to question the judge's capacity to develop the suitable instruments to carry out such responsibility and the second step is to question his capacity to incorporate his new findings. The end result may vary but the role of the judge, from an internal viewpoint, is more valuable and also more complex given its integration to the European judicial network. The traditional institutional framework is therefore affected. It is advisable then to reflect on the judge's legitimacy criteria
Sénac, Charles-Édouard. "L'office du juge constitutionnel français : contribution à l'analyse du contrôle de constitutionnalité par le Conseil constitutionnel et les juridictions administratives et judiciaires." Paris 2, 2010. http://www.theses.fr/2010PA020118.
Full textCharité, Maxime. "Excès de pouvoir législatif et excès de pouvoir administratif : Etude comparée de l'office des juges constitutionnel et administratif français." Thesis, Orléans, 2019. http://www.theses.fr/2019ORLE0001.
Full textIn France, general norms litigation is nowadays divided into two main groups, the actions for abuse of power directed against the normative acts and the control of constitutionality of the laws. Sharing a certain number of similarities, they are analyzed not only as "objective litigation", but also as "cancellation litigation". Thus, in order to fulfill their role, French constitutional and administrative judges must both, first, establish a norm-to-norm report and, if necessary, cancel the general legal act contrary to a superior legal norm. These similarities contrast with the different conditions in which the two judges of the Palais-Royal are called to judge. This permanent tension between the similarities they share and the different conditions in which they are called to judge makes the relationships between the role of the Constitutional Council and that of the abuse of power’s judge oscillate between unity and duality. Precisely, the present comparative study, named "Abuse of legislative power and abuse of administrative power" after the study of Dean Vedel in the first numbers of Constitutional Council Review, aims to demonstrate that, as the stages of litigation progress, the approach of the Constitutional Council and that of the administrative judge get closer to the point of identifying. The inscription of this comparison in the framework of a theory of legal constraints allows us to show that if, in the search for abuse of power, the role of French constitutional and administrative judges is dominated by duality, it is, in the sanction of abuse of power, marked by a deep unity
Maulet, Léa. "L'office de la Grande chambre de la Cour européenne des droits de l'Homme." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3061.
Full textAs the cornerstone of the negotiations leading to the adoption of Protocol No. 11 to the European Convention on Human Rights, the Grand Chamber of the European Court was given atypical as well as extensive contentious and advisory powers. Subsequent reforms have helped to extend its prerogatives, thus confirming the importance of its role within the European protection system. This thesis focuses on the office of the Grand Chamber in its twofold dimension, formal and substantial. Based on traditional legal materials and methods from the social sciences, this research shows that, despite initially unfavourable conditions, the Grand Chamber has succeeded in redefining its office in order to put it at the service of the construction of a common European law. It has also made itself essential to the preservation of the protection system
Rouspide-Katchadourian, Marie-Noëlle. "Le juge et le contrat de travail : essai sur la relecture judiciaire d'un contrat." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020018/document.
Full textAccording to article 5 of the French civil code, the judges cannot « decide through the mean of general and statutory rules on the causes they are submitted with ». Article 1134 al.1 of the same civil code provides for the principle of the binding effect of the contract. Yet, the jurisprudence of the labor chamber of the French High Court (Cour de cassation) is normative ; its interference in the labor contract is obvious. Unbalanced, subject to a specific public order, source of conflict of rights and freedoms, the labor contract has certain particularities. These appear to guide the judge’s action. The adaptation of the contract is one of the principle manifestations of the judge’s intervention. It is characterized by the improvement of the agreement of the wills or, on the contrary, by its amputation. Many obligations are added to the contract. If the reasons exposed by the judge vary, actually, article 1134 al.3 and article 1135 of the French civil code justify these additions. This subtraction has different forms. It is the source of a creative power ; such creative power is not always linked to the protection of freedoms and fundamental rights. Besides, the rework leads the judge to the rebuilding and redrafting of the contract. Said contract is rebuilt in accordance with article 1134 al.2 of the French civil code. The willingness of the parties becomes objective ; their real willingness is not necessary complied with. The redrafting of the contract is the result of, in particular, article 1152 of the French civil code. However it can be extended beyond this article. Original and audacious, the judicial way to read the labor contract is linked to the sense of the identity of such labor contract
Kanouni, Hassani Mohamed Chakib. "La Justice étatique face à la sentence arbitrale en droit marocain : étude critique de l'office du juge." Thesis, 2018. http://www.theses.fr/2018UBFCB006.
Full textOur thesis analyzes the judge’s control over the internal and international arbitral award in Moroccan law through exequatur and on the occasion of the action for annulment in view of both Moroccan and French jurisprudence and draws up a critical study of its impact